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Energy

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Overview

Foulston Siefkin's energy practice group understands the complex legal issues involved with the energy industry, including traditional fossil fuels, and also renewable energy, including wind and bio-energy. Our energy practice group's industry insight, coupled with our law firms' 93-year history of representing energy clients and other manufacturing clients, major employers, and entrepreneurs, uniquely situates Foulston Siefkin to provide exceptional legal services and value. Our offices in Wichita, Topeka and Overland Park are strategically located to serve our broad state-wide client base.

For more detailed information on our Oil, Gas & Minerals Practice, visit: Oil, Gas & Minerals Practice.

For more detailed information on our Wind Energy Practice, visit our Wind Energy Practice.

Areas of Representation

Energy Antitrust
Resource Development

Oil, Gas & Minerals

  • Oil and gas leases
  • Mining leases
  • Deeds and other transfer instruments
  • Operating agreements
  • Unit agreements
  • Farmout agreements
  • Transfer and division orders
  • Title examination
  • Gas purchase contracts
  • Oil and gas transportation agreements
  • Purchase and sale agreements
  • Mortgages, deeds of trust and security agreements
  • Rights-of-way
  • Licenses
  • Easements and seismic permits
  • Salt water disposal agreements, surface use agreements
  • Regulatory permitting and compliance
  • Representation before the Kansas Corporation Commission and the Federal Energy Regulatory Commission
  • Litigation, Arbitration & Dispute Resolution regarding disputes involving ownership, market value royalty claims, contract and title claims, lease cancellation claims, implied covenant issues, and contracts

Wind Energy

  • Access and Siting
  • Project Finance/Equity Investments
  • Project Siting, Development, Diligence, Permitting, Zoning, and Regulatory Approvals
  • Power Purchase Agreements
  • Wind Turbines and Other Project Components: Sales, Operation, Maintenance, Manufacturing
  • Power Transmission and Interconnection
  • State and Federal Tax, Incentives, and Credits
  • Environmental Impact
  • Wind Farm Project Leases, Easements, and Rights-of-Way
  • Cooperation and Accomodation Agreements
  • Interplay with Oil and Gas Leases, Easements, Lienholders, Farming Leases, Hunting Leases, Government Program Contracts, and other Co-Existing Real Property Interests
  • Title and Survey Issues
  • Construction Contracts
  • Labor Issues
  • Distributed Wind
Experience

Wind Energy

  • Representation regarding at least 24 wind energy projects. Almost half of those projects involved serving as local counsel to wind project developers or owners. Others involved serving as counsel to landowners in proposed wind energy projects. Representation included leading firm's team in: reviewing and negotiating wind project easements, leases and other project documents; advising on state and local permitting, environmental, taxation, tax exemption and regulatory compliance; evaluating and solving land title issues, third party consents and cooperation agreements; and PILOT and county agreements.
  • Real estate local counsel for party acquiring interests in and developing wind energy projects of approximately 419 megawatts spread over 66,000 acres, and approximately 240 megawatts.
  • Represented national leader in sales and installation of distributed wind energy projects, including Vestas, Gamesa, Northern Power and Endurance turbines.
  • Local counsel for an international wind project development and management company regarding wind energy projects and potential development, including three projects totaling approximately 650 megawatts and approximately 180,000 acres.
  • Representation of wind project development and management company regarding approximately 74-megawatt wind energy project.
  • Local counsel in $150,000,000 financing of electric transmission assets across 14 counties.
  • Advise of alternatives, and negotiate and draft documents, regarding potential transfer of wind project income stream owed to landowners.

Oil, Gas and Minerals

  • Representation of subsidiary of major oil company in the largest financing transaction secured solely by oil and gas properties in Kansas.
  • Representation of major oil company in serial, multi-state financing transactions securing debt in excess of one billion dollars.
  • Representation of independent oil and gas company in the acquisition and financing of Kansas properties valued in excess of $150 million dollars.
  • Defense counsel in state court class actions in several states, involving claims of crude oil mismeasurement.
  • Defense counsel in multi-state class action involving claims of natural gas mismeasurement.
  • Representation of major interstate regulated refined products pipeline company in connection with the issuance of securities and pipeline title and location matters in five mid-continent states.
  • Representation of multiple producers in federal court litigation concerning helium ownership in a series of cases spanning 25 years and multiple decisions in the 10th Circuit of Appeals and United States Supreme Court.
Presentations

2014
The Endangered Species Act-Lesser Prairie Chickens and other dangerous critters (Kansas Bar Association) 

2012
Wind Project Title Insurance: Breeze through the Issues (Kansas Land Title Association)